{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1302.html"}],"law_id":76743,"edition_id":1,"section_id":76743,"structure_id":16254,"section_number":"63.2-1302","catch_line":"Adoption assistance payments; maintenance; special needs; payment agreements; continuation of payments when adoptive parents move to another jurisdiction; procedural requirements","history":"1974, c. 507, \u00a7 63.1-238.3; 1976, c. 216; 1977, c. 533; 1978, c. 536; 1980, c. 280; 1981, c. 359; 1982, c. 171; 1985, c. 568; 1987, cc. 650, 681; 1988, c. 417; 1989, c. 191; 2000, c. 290; 2002, c. 747; 2010, c. 271; 2017, c. 199; 2023, cc. 148, 149.","full_text":"A\n\nAdoption assistance payments may include Title IV-E or state-funded maintenance payments; however, such payments shall not exceed the foster care payment that would otherwise be made for the child at the time the adoption assistance agreement is signed.B\n\nAdoption assistance payments shall cease when the child with special needs reaches 18 years of age. However, assistance payments may continue until the child reaches 21 years of age under the following circumstances:1\n\nThe local department determines on or within six months prior to the child’s eighteenth birthday that the child has a mental or physical disability, or an educational delay resulting from such disability, warranting the continuation of assistance; or2\n\nThe initial adoption assistance agreement became effective on or after the child’s sixteenth birthday and the child is (i) completing secondary education or an equivalent thereof; (ii) enrolled in an institution that provides postsecondary or vocational education; (iii) employed for at least 80 hours per month; (iv) participating in a program or activity designed to promote employment or remove barriers to employment; or (v) incapable of doing any of the activities set forth in clauses (i) through (iv) due to a medical condition.C\n\nAdoption assistance payments shall be made on the basis of an adoption assistance agreement entered into by the local board and the adoptive parents or, in cases in which the child is in the custody of a licensed child-placing agency, an agreement between the local board, the licensed child-placing agency and the adoptive parents. A representative of the Department shall negotiate all adoption assistance agreements with both existing and prospective adoptive parents on behalf of local departments.\n\t\t\tPrior to entering into an adoption assistance agreement, the local board or licensed child-placing agency shall ensure that adoptive parents have received information about their child’s eligibility for adoption assistance; about their child’s special needs and, to the extent possible, the current and potential impact of those special needs. The local board or licensed child-placing agency shall also ensure that adoptive parents receive information about the process for appeal in the event of a disagreement between the adoptive parent and the local board or the adoptive parent and the child-placing agency and information about the procedures for renegotiating the adoption assistance agreement.\n\t\t\tAdoptive parents shall submit annually to the local board within 30 days of the anniversary date of the approved agreement an affidavit which certifies that (i) the child on whose behalf they are receiving adoption assistance payments remains in their care, (ii) the child’s condition requiring adoption assistance continues to exist, and (iii) whether or not changes to the adoption assistance agreement are requested.\n\t\t\tTitle IV-E maintenance payments made pursuant to this section shall be changed only in accordance with the provisions of § 473 of Title IV-E of the Social Security Act (42 U.S.C. § 673).D\n\nResponsibility for adoption assistance payments for a child placed for adoption shall be continued by the local board that initiated the agreement in the event that the adoptive parents live in or move to another jurisdiction.E\n\nPayments may be made under this chapter from appropriations for foster care services for the maintenance and medical or other services for children who have special needs in accordance with § 63.2-1301. Within the limitations of the appropriations to the Department, the Commissioner shall reimburse any agency making payments under this chapter. Any such agency may seek and accept funds from other sources, including federal, state, local, and private sources, to carry out the purposes of this chapter.","order_by":null,"text":{"0":{"id":275575,"text":"Adoption assistance payments may include Title IV-E or state-funded maintenance payments; however, such payments shall not exceed the foster care payment that would otherwise be made for the child at the time the adoption assistance agreement is signed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":275576,"text":"Adoption assistance payments shall cease when the child with special needs reaches 18 years of age. However, assistance payments may continue until the child reaches 21 years of age under the following circumstances:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":275577,"text":"The local department determines on or within six months prior to the child’s eighteenth birthday that the child has a mental or physical disability, or an educational delay resulting from such disability, warranting the continuation of assistance; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":275578,"text":"The initial adoption assistance agreement became effective on or after the child’s sixteenth birthday and the child is (i) completing secondary education or an equivalent thereof; (ii) enrolled in an institution that provides postsecondary or vocational education; (iii) employed for at least 80 hours per month; (iv) participating in a program or activity designed to promote employment or remove barriers to employment; or (v) incapable of doing any of the activities set forth in clauses (i) through (iv) due to a medical condition.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":275579,"text":"Adoption assistance payments shall be made on the basis of an adoption assistance agreement entered into by the local board and the adoptive parents or, in cases in which the child is in the custody of a licensed child-placing agency, an agreement between the local board, the licensed child-placing agency and the adoptive parents. A representative of the Department shall negotiate all adoption assistance agreements with both existing and prospective adoptive parents on behalf of local departments.\n\t\t\tPrior to entering into an adoption assistance agreement, the local board or licensed child-placing agency shall ensure that adoptive parents have received information about their child’s eligibility for adoption assistance; about their child’s special needs and, to the extent possible, the current and potential impact of those special needs. The local board or licensed child-placing agency shall also ensure that adoptive parents receive information about the process for appeal in the event of a disagreement between the adoptive parent and the local board or the adoptive parent and the child-placing agency and information about the procedures for renegotiating the adoption assistance agreement.\n\t\t\tAdoptive parents shall submit annually to the local board within 30 days of the anniversary date of the approved agreement an affidavit which certifies that (i) the child on whose behalf they are receiving adoption assistance payments remains in their care, (ii) the child’s condition requiring adoption assistance continues to exist, and (iii) whether or not changes to the adoption assistance agreement are requested.\n\t\t\tTitle IV-E maintenance payments made pursuant to this section shall be changed only in accordance with the provisions of § 473 of Title IV-E of the Social Security Act (42 U.S.C. § 673).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":275580,"text":"Responsibility for adoption assistance payments for a child placed for adoption shall be continued by the local board that initiated the agreement in the event that the adoptive parents live in or move to another jurisdiction.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":275581,"text":"Payments may be made under this chapter from appropriations for foster care services for the maintenance and medical or other services for children who have special needs in accordance with § 63.2-1301. Within the limitations of the appropriations to the Department, the Commissioner shall reimburse any agency making payments under this chapter. Any such agency may seek and accept funds from other sources, including federal, state, local, and private sources, to carry out the purposes of this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16254,"edition_id":1,"name":"Adoption Assistance for Children with Special Needs","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 04:11:19","date_modified":"2026-06-26 04:11:19","permalink":{"id":271653,"object_type":"structure","relational_id":16254,"identifier":"13","token":"63.2\/III\/13","url":"\/63.2\/III\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77476,"structure_id":16254,"section_number":"63.2-1300","catch_line":"Purpose and intent of adoption assistance; eligibility","url":"\/63.2-1300\/","token":"63.2\/III\/13\/63.2-1300","metadata":false},{"id":77457,"structure_id":16254,"section_number":"63.2-1301","catch_line":"Types of adoption assistance payments","url":"\/63.2-1301\/","token":"63.2\/III\/13\/63.2-1301","metadata":false},{"id":76743,"structure_id":16254,"section_number":"63.2-1302","catch_line":"Adoption assistance payments; maintenance; special needs; payment agreements; continuation of payments when adoptive parents move to another jurisdiction; procedural requirements","url":"\/63.2-1302\/","token":"63.2\/III\/13\/63.2-1302","metadata":false},{"id":83314,"structure_id":16254,"section_number":"63.2-1303","catch_line":"Application for adoption assistance payments","url":"\/63.2-1303\/","token":"63.2\/III\/13\/63.2-1303","metadata":false},{"id":68665,"structure_id":16254,"section_number":"63.2-1304","catch_line":"Appeal to Commissioner regarding adoption assistance","url":"\/63.2-1304\/","token":"63.2\/III\/13\/63.2-1304","metadata":false},{"id":65696,"structure_id":16254,"section_number":"63.2-1305","catch_line":"Federal-Funded Kinship Guardianship Assistance program","url":"\/63.2-1305\/","token":"63.2\/III\/13\/63.2-1305","metadata":false},{"id":77603,"structure_id":16254,"section_number":"63.2-1306","catch_line":"State-Funded Kinship Guardianship Assistance program","url":"\/63.2-1306\/","token":"63.2\/III\/13\/63.2-1306","metadata":false}],"previous_section":{"id":77457,"structure_id":16254,"section_number":"63.2-1301","catch_line":"Types of adoption assistance payments","url":"\/63.2-1301\/","token":"63.2\/III\/13\/63.2-1301","metadata":false},"next_section":{"id":83314,"structure_id":16254,"section_number":"63.2-1303","catch_line":"Application for adoption assistance payments","url":"\/63.2-1303\/","token":"63.2\/III\/13\/63.2-1303","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1302\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 507 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 216; in 1977, chapter 533; in 1978, chapter 536; in 1980, chapter 280; in 1981, chapter 359; in 1982, chapter 171; in 1985, chapter 568; in 1987, chapters 650 and 681; in 1988, chapter 417; in 1989, chapter 191; in 2000, chapter 290<\/a>; in 2002, chapter 747<\/a>; in 2010, chapter 271<\/a>; in 2017, chapter 199<\/a>; in 2023, chapters 148<\/a> and 149<\/a>.<\/p>","references":false,"refers_to":[{"id":77457,"section_number":"63.2-1301","catch_line":"Types of adoption assistance payments","order_by":null,"url":"\/63.2-1301\/"}],"permalink":{"id":271663,"object_type":"law","relational_id":76743,"identifier":"63.2-1302","token":"63.2\/III\/13\/63.2-1302","url":"\/63.2-1302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1302\/","token":"63.2\/III\/13\/63.2-1302","dublin_core":{"Title":"Adoption assistance payments; maintenance; special needs; payment agreements; continuation of payments when adoptive parents move to another jurisdiction; procedural requirements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Adoption assistance payments may include Title IV-E or state-funded maintenance payments; however, such payments shall not exceed the foster care payment that would otherwise be made for the child<\/span> at the time the adoption assistance agreement is signed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Adoption assistance payments shall cease when the child<\/span> with special needs reaches 18 years of age. However, assistance payments may continue until the child<\/span> reaches 21 years of age under the following circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The local department<\/span> determines on or within six months prior to the child<\/span>’s eighteenth birthday that the child<\/span> has a mental or physical disability, or an educational delay resulting from such disability, warranting the continuation of assistance; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The initial adoption assistance agreement became effective on or after the child<\/span>’s sixteenth birthday and the child<\/span> is (i) completing secondary education or an equivalent thereof; (ii) enrolled in an institution that provides postsecondary or vocational education; (iii) employed for at least 80 hours per month; (iv) participating in a program or activity designed to promote employment or remove barriers to employment; or (v) incapable of doing any of the activities set forth in clauses (i) through (iv) due to a medical condition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Adoption assistance payments shall be made on the basis of an adoption assistance agreement entered into by the local board<\/span> and the adoptive parents or, in cases in which the child<\/span> is in the custody<\/span> of a licensed child<\/span>-placing agency<\/span>, an agreement between the local board<\/span>, the licensed child<\/span>-placing agency<\/span> and the adoptive parents. A representative of the Department shall negotiate all adoption assistance agreements with both existing and prospective adoptive parents on behalf of local departments<\/span>.\n\t\t\tPrior to entering into an adoption assistance agreement, the local board<\/span> or licensed child<\/span>-placing agency<\/span> shall ensure that adoptive parents have received information about their child<\/span>’s eligibility for adoption assistance; about their child<\/span>’s special needs and, to the extent possible, the current and potential impact of those special needs. The local board<\/span> or licensed child<\/span>-placing agency<\/span> shall also ensure that adoptive parents receive information about the process for appeal<\/span> in the event of a disagreement between the adoptive parent and the local board<\/span> or the adoptive parent and the child<\/span>-placing agency<\/span> and information about the procedures for renegotiating the adoption assistance agreement.\n\t\t\tAdoptive parents shall submit annually to the local board<\/span> within 30 days of the anniversary date of the approved agreement an affidavit<\/span> which certifies that (i) the child<\/span> on whose behalf they are receiving adoption assistance payments remains in their care, (ii) the child<\/span>’s condition requiring adoption assistance continues to exist, and (iii) whether or not changes to the adoption assistance agreement are requested.\n\t\t\tTitle IV-E maintenance payments made pursuant to this section shall be changed only in accordance with the provisions of § 473 of Title IV-E of the Social Security Act (42 U.S.C. § 673). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Responsibility for adoption assistance payments for a child<\/span> placed for adoption shall be continued by the local board<\/span> that initiated the agreement in the event that the adoptive parents live in or move to another jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Payments may be made under this chapter from appropriations for foster care services for the maintenance and medical or other services for children who have special needs in accordance with § 63.2-1301<\/a>. Within the limitations of the appropriations to the Department, the Commissioner<\/span> shall reimburse any agency making payments under this chapter. Any such agency may seek and accept funds from other sources, including federal, state, local, and private sources, to carry out the purposes of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADOPTION ASSISTANCE PAYMENTS; MAINTENANCE; SPECIAL NEEDS; PAYMENT AGREEMENTS;\nCONTINUATION OF PAYMENTS WHEN ADOPTIVE PARENTS MOVE TO ANOTHER JURISDICTION;\nPROCEDURAL REQUIREMENTS (\u00a7 63.2-1302)\n\nA. Adoption assistance payments may include Title IV-E or state-funded\nmaintenance payments; however, such payments shall not exceed the foster care\npayment that would otherwise be made for the child at the time the adoption\nassistance agreement is signed.\n\nB. Adoption assistance payments shall cease when the child with special needs\nreaches 18 years of age. However, assistance payments may continue until the\nchild reaches 21 years of age under the following circumstances:\n\n 1. The local department determines on or within six months prior to the\n child’s eighteenth birthday that the child has a mental or physical\n disability, or an educational delay resulting from such disability, warranting\n the continuation of assistance; or\n\n 2. The initial adoption assistance agreement became effective on or after the\n child’s sixteenth birthday and the child is (i) completing secondary\n education or an equivalent thereof; (ii) enrolled in an institution that\n provides postsecondary or vocational education; (iii) employed for at least 80\n hours per month; (iv) participating in a program or activity designed to\n promote employment or remove barriers to employment; or (v) incapable of doing\n any of the activities set forth in clauses (i) through (iv) due to a medical\n condition.\n\nC. Adoption assistance payments shall be made on the basis of an adoption\nassistance agreement entered into by the local board and the adoptive parents\nor, in cases in which the child is in the custody of a licensed child-placing\nagency, an agreement between the local board, the licensed child-placing agency\nand the adoptive parents. A representative of the Department shall negotiate all\nadoption assistance agreements with both existing and prospective adoptive\nparents on behalf of local departments.\n\t\t\tPrior to entering into an adoption assistance agreement, the local board or\nlicensed child-placing agency shall ensure that adoptive parents have received\ninformation about their child’s eligibility for adoption assistance; about\ntheir child’s special needs and, to the extent possible, the current and\npotential impact of those special needs. The local board or licensed\nchild-placing agency shall also ensure that adoptive parents receive information\nabout the process for appeal in the event of a disagreement between the adoptive\nparent and the local board or the adoptive parent and the child-placing agency\nand information about the procedures for renegotiating the adoption assistance\nagreement.\n\t\t\tAdoptive parents shall submit annually to the local board within 30 days of\nthe anniversary date of the approved agreement an affidavit which certifies that\n(i) the child on whose behalf they are receiving adoption assistance payments\nremains in their care, (ii) the child’s condition requiring adoption\nassistance continues to exist, and (iii) whether or not changes to the adoption\nassistance agreement are requested.\n\t\t\tTitle IV-E maintenance payments made pursuant to this section shall be\nchanged only in accordance with the provisions of § 473 of Title IV-E of\nthe Social Security Act (42 U.S.C. § 673).\n\nD. Responsibility for adoption assistance payments for a child placed for\nadoption shall be continued by the local board that initiated the agreement in\nthe event that the adoptive parents live in or move to another jurisdiction.\n\nE. Payments may be made under this chapter from appropriations for foster care\nservices for the maintenance and medical or other services for children who have\nspecial needs in accordance with § 63.2-1301. Within the limitations of the\nappropriations to the Department, the Commissioner shall reimburse any agency\nmaking payments under this chapter. Any such agency may seek and accept funds\nfrom other sources, including federal, state, local, and private sources, to\ncarry out the purposes of this chapter.\n\nHISTORY: 1974, c. 507, \u00a7 63.1-238.3; 1976, c. 216; 1977, c. 533; 1978, c. 536;\n1980, c. 280; 1981, c. 359; 1982, c. 171; 1985, c. 568; 1987, cc. 650, 681;\n1988, c. 417; 1989, c. 191; 2000, c. 290; 2002, c. 747; 2010, c. 271; 2017, c.\n199; 2023, cc. 148, 149.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}